NEW YORK LAW JOURNAL

GAL Appointed for Tenant's Son After Tenant Moved to Assisted Living

October 24, 2014    

Landlord NYCHA sued to evict tenant for nonpayment of rent. The court appointed a guardian ad litem (GAL) for tenant. Landlord and tenant then signed a court-ordered settlement by which landlord obtained a judgment...

Insufficient Proof of Chronic Nonpayment of Rent

October 24, 2014    

Landlord sued to evict rent-stabilized tenant in 2013 for chronic nonpayment of rent. Tenant had received a rent subsidy from Housing Stability Plus (HSP), a state program under the Department of Homeless Services....

Former Super Who Became Tenant Was Rent Stabilized

October 24, 2014    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $17,000. Tenant claimed rent overcharge. The court ruled for landlord and dismissed the overcharge claim. Tenant appealed and...

Landlord Can't Evict Tenant for Running Daycare Service

October 24, 2014    

Landlord sued to evict HUD tenant for providing group family daycare in her apartment in violation of HUD rules. Tenant asked the court to dismiss the case because Social Services Law Section 390 permitted, and...

Tenant Claims Therapy Dog Needed as Treatment for Disability

October 22, 2014    

Landlord sued to evict tenant who kept a dog in violation of his lease and didn't remove the dog after landlord sent tenant a notice to cure. Tenant then complained to the State Division of Human Rights (DHR),...

Tenant Who Didn't Renew Lease Can Vacate Stipulation to Move Out

September 26, 2014    

Landlord sued to evict rent-stabilized tenant for failure to sign a renewal lease. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out by June 30, 2012. In return, landlord...

Landlord Ordered to Refund $93,000 Overcharge

September 26, 2014    

Rent-stabilized tenant sued landlord in December 2008 for rent overcharge. A prior landlord had sold the building in 1998 and, by agreement, received a rent-stabilized lease for the apartment at a lifetime rent of $...

Tenant Can Conduct Pretrial Questioning on Rent Fraud Claim

September 26, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case, and landlord asked the court to strike tenant's counterclaim for rent overcharge. The court denied...

Landlord Must Replace Handicap Ramps That It Removed

September 26, 2014    

Two tenants sued landlord in federal court, claiming that it violated their rights under the Fair Housing Act and the New York State Fire Prevention and Building Code. Tenants said they were disabled and that...

Chronic Nonpayment Claim Dismissed

September 26, 2014    

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant in turn sought $10,000 in damages for apartment conditions. Landlord had brought three prior nonpayment proceedings against tenant between 2012 and...

Landlord Entitled to Post-Judgment Use and Occupancy

September 26, 2014    

Landlord sued to evict tenant and obtained a final judgment of possession plus an award of rent arrears through March 2012. Tenant was evicted in July 2012. Landlord then sued tenant in small claims court for use and...

Tenant Vacated at Landlord's Request

September 26, 2014    

Former tenant sued landlord in small claims court, seeking return of his $1,600 security deposit. Landlord in turn asked for $5,000 in unpaid rent. The court ruled for tenant but also ruled that landlord was entitled...